Former Philippine President Rodrigo Duterte remains a candidate for Davao City mayor in the upcoming 2025 elections, despite his recent arrest by the International Criminal Court (ICC) on charges of crimes against humanity related to his controversial war on drugs. The Commission on Elections (Comelec) has confirmed that Duterte’s candidacy stands, as Philippine law upholds the presumption of innocence until a final conviction is rendered.
“Hangga’t walang final conviction doon sa kanyang kaso, maaring dito sa loob ng bansa o sa labas, ang pangalan niya ay nasa balota, ang pangalan niya maiboboto kung sakaling walang development mula ngayong hanggang araw ng election at kung manalo, siya’y mapoproklama,” Comelec Chairperson George Garcia told Super Radyo dzBB
Under the Omnibus Election Code of the Philippines, a candidate is disqualified from running for public office only upon a final conviction of a crime involving moral turpitude or an offense punishable by more than 18 months of imprisonment. As Duterte has not been convicted by any court, his name will remain on the ballot, and he is eligible to receive votes. Comelec Chairperson George Garcia stated that unless there is a final conviction in his case, either domestically or internationally, Duterte’s candidacy remains valid.
Duterte’s arrest marks a significant development in Philippine politics. The former president, known for his hardline stance against illegal drugs, is now detained in The Hague, facing charges that have drawn both domestic and international attention. Despite his detention, Duterte retains the right to campaign and vote from overseas, as there are no legal provisions barring candidates under arrest from participating in electoral processes.
The political landscape in Davao City is deeply intertwined with the Duterte family’s legacy. Having served as mayor for over two decades before his presidency, Duterte’s influence in the region is substantial. His decision to run for mayor again is seen by some analysts as an attempt to maintain political clout amidst challenges faced by his family, including the impeachment trial of his daughter, Vice President Sara Duterte.
The rivalry between the Duterte and Marcos political dynasties adds another layer of complexity to the situation. Once allies, the two families are now in a power struggle, with Duterte’s arrest potentially impacting the dynamics of the upcoming elections. Supporters of Duterte have labeled his arrest as politically motivated, while human rights groups view it as a step toward accountability for alleged abuses during his administration.
If Duterte wins the mayoral race while under detention, the Department of the Interior and Local Government (DILG) may face the decision to declare a permanent or temporary vacancy in the mayor’s office. According to the Local Government Code, the vice mayor would assume the duties of the mayor in such scenarios. This situation underscores the legal and administrative challenges that could arise from Duterte’s candidacy amid his ongoing legal
The outcome of Duterte’s legal proceedings and the subsequent electoral results will significantly influence the political trajectory of Davao City and the Philippines at large. As the nation approaches the 2025 elections, the interplay between legal accountability and political maneuvering continues to captivate public attention, reflecting the complexities inherent in the country’s democratic processes.